Janice K. Brewer Governor 

# ARIZONA 

# DEPARTMENT

OF 

# ENVIRONMENTALQUALITY
11 10West Washington Street Phoenix, Arizona 85007 Patrick J. Cunningham Acting Director

February 23,2009

Ms. Deborah Jordan Director, Air Division U.S. EnvironmentalProtection Agency, Region 9 75 Hawthorne Street Mail Code: AIR-1 San Francisco, CA 94105

Re: Submittalofthe Supplemental Information to Section 189(d) 5% Reasonable Further Progress PMlo SIP Revisions for the Maricopa County and Apache Junction (Metropolitan Phoenix) Nonattainment Area

Dear Ms. Jordan:

In December 2007, the Arizona Department of Environmental Quality (ADEQ) submitted to the U.S. EnvironmentalProtection Agency (EPA), the 5%Plan for PMlo for the Maricopa CountyNonattainment Area [December] 2007, and Pinal County ResolutionNos. 121207-AQ1and 121207AQ2as revisions to the Arizona State Implementation Plan (SIP) to meet the December 3 1,2007,submittal deadline. ADEQ continuesto work with the 

### MAG Air QualityPlanning Team to implement and track implementation ofthe measures in the plan, in accordance with the 1992Memorandum of Agreement that designated

### MAG as the lead planning organizationfor Maricopa County. SB 1552(Laws 2007) required cities and towns and MaricopaCounty and Pinal County to adopt ordinances to ensure enforceability of several new dust control measures. The following ordinances and adopting resolutions are provided as supplementalinformation: I r 7 1. OrdinanceNo. 121207-AQ1 

### ;<-?+ 

# iy

# - 

# - 2. Ordinance No. 05 1408-AQ 

### - 3. Resolution No. 091008-AQ3 

# - a. 54-4-100 - 120

Northern Regional Office Southern Regional Office 801 W. Route 66 Suite 117 Flagstaff, AZ 86001 400West Congress Street Suite 433 Tucson, AZ 85701 (928)779-0313 (520)628-6733 Printed on recycledpaper

### Deborah Jordan Page 

### 2 of 

### 2

If you have any questions, please do not hesitateto contact me at (602) 771-2308. Sincerely,

Nancy C. ~rjna, Director Air Quality Division

Enclosures: Ordinances Cc: Colleen McKaughan, EPA Dennis Smith, with enclosures, MAG Don Gabrielson, wlo enclosures,Pinal County Air Quality Control District Lawrence Odle, wlo enclosures, Maricopa County Air Quality DepartmentWhen recordedreturn to: Clerk ofthe Board w Pinal County P.O. Box 827 Florence, Arizona 85232 I Q""%% OFFlC

### W RECORDS

### OF 

# @ FINAL COUNTYRECOFDER j LAURA DEAN-LYLE 

### ; 

## %...& i DATE/TIME: 09/16/08 1106 FEE : $0.00 PAGES: 11 FEE NUMBER: 2008-087992


### PINAL COUNTYBOARD OF SUPERVISORS RESOLUTION NO. 091008-A03 A RESOLUTION OF 

### THE BOARD OF SUPERVISORS OF PINAL COUNTY, ADOPTING CERTAIN REVISIONS/ADDITIONS TO 

### THE 

### PIN& COUNTY 

### AIR, QUALITY CONTROL DISTRICT RULES. 

### WHEREAS,the 

### Pinal County Board of Supe~son ("Board") is empowered under A.RS. 549-479 to adopt rules for the purpose of controlling the release of air contaminants throughout the County, including Tomhip 1North, Range 

### 8

### East, WHEREAS, 40 

### CFR 581.303 identiiiesthat portion of 

### Pinal County designated 

### as Township 1 North, Range 8 

### East, and commonly known 

### as Apache Junction, 

### as a portion ofthe PhoenixPlanning

### Area SeriousPM~oNonattainment Area; 

### WHEREAS, 

### at 72 Fed. Reg. 13723 (March 23, 2007) the EPA found that the Phoenix Planning Area, including Township 1 North, Range 8 

### East, has failed to 

### attain the PMIO standard, and 

### that finding triggered 

### an obligation to submit by December 31, 2007 a 

### "5% SIP"pursuant

### to Clean 

### Air Act 

## 5 189(d); 

### WHEREAS, the 2007 Arizona Legislature adopted Laws 2007, Chapter 292, commonly known as Senate Bill 1552, and 

### that Bill mandated adoption of revised county rules more stringently regulating dust-proofing or stabilization for 

### certainparking, ingress and egress areas; The mandates also require adoption of a process 

### to require stabilization of disturbed surfaces at vacant lots. 

### AU of these mandates 

### are for that portion of Pinal County lying 

### within the Phoenix Planning Area PMlO nonattainment area. The mandates also require restrictions on vehicle parking 

### and use on unpaved or unstabkdlots

### in the Pinal-portion ofArea A 

### as defined 

### in A.RS. 549- 541; 

### WHEREAS, A.RS. H9-471.01, et seq., establish the procedural requisites for the Board's adoption of air quality rules or ordinances, and those requisites have been met; 

### THEREFORE, FOR THE PURPOSE OF PROTECTING 

### AND PRESERVING THE QUALITY 

### OF 

### AIR WITHIN THE 

### COUNTY IN A SENSIBLE AND 

### ORDERLYMANNER, IT IS HEREBY 

### RESOLVED BY THE 

### BOARD TO: 1. Adopt the following revisions, additions and deletions to 

### Pinal County Air Quality District Code;Chapter

### 4.

# - Emissions from Existing 

### and New Non-Point Sources Article 

### 4 

# - Nonattainment Area Rules; Dustproofing for Commercial Parking, 

### Drives and Yards §44100. Dustproofing for Commercial Parking,

### Drives and Yards; Applicability A. Geographic Applicability. The "affectedarea"under this rule includes the Pinal-County-portionofthe Phoenix Planning Area Serious PMlo nonattainment Area, identified as Township 1 North, Range 8 East, Gila & SaltRiver Base and Meridian. B. Affected Parcels; Commercial Property. Property subjectto

### this rule: 1. Includes any parcel, contiguous parcels, or any proximate combination of parcels actually used for commercial purposes, including retail, office, meeting, governmental, industrial, service-business or commercial storage purposes; 2. Includes any single deeded or platted parcel having built thereon a residentialbuilding or buildings

### with five or more residential

### units; 3. Includes any commonparking 

### area at an otherwise affectedparcel; and 4. Excludes any right-of-way legally established and actually maintained for travel by the public ortoprovide vehicular accessto public utilities. 5. Excludes earthmoving activity 

### at a site, or 

### thatportion of a site, coveredby mitigation requirements under dust registration issued by the Pinal County Control Officer. 

### C. Affected surfacesat a commercialproperty. 1. Affected surfaces include any areas utilized on a regular basis for parking, maneuvering or ingress and egress of on- or off-road vehicles. Access lanes and working surfaces for vehicles shall qualify as affected surfaces. 2. Undisturbed surfaces 

### are not affected surfaces, but only 

### ifthose undisturbed surfaces are fenced or otherwise clearly distinguished 

### hm affected surfaces. Delineated long-term storage stalls, where 

### a vehicle, trailer or other item is stored and not normally removed and replaced more than once in a sixty-day period shall also be consideredundisturbed surfaces.84-4-110. Control Requirement A. On and after the effective date, the owner andlor operator of any commercial property shall 

### install and maintain permanent dustproof surfacing for all affected surfaces. For purposes of 

### this rule, "owner or operator" 

### means any person who owns, leases, operates, controls, or supervises an affected area. 

### B. For purposes of this rule, permanent dustproofing shall consist of one of the following, implemented 

### in a manner 

### that meets the maintenance standard of this rule: 1. Paving with asphaltic concrete; 2. Paving with Portland cementbased concrete; 3. Surfacing 

### with a penetrating asphalt and a gravel surface, commonly 

### known as chip sealing; 4. Surfacing 

### with and uniformly maintaining a two-inch 

### deep layer of nck having a nominal size of 114" orlarger; 5. Surficingwith 

### a two-inch deep layer of recycled asphalt; or 6. Surfacingwith any other dace treatmentthathas been approved 

### in wriing by the

### Pinal County Control Officer.

Permanent dustproofing shallbe 

### maintained in a

### manner that prevents visible

### trackout. §4-4-120. Deferred enforcement date The Control Officer shall commence enforcement of the requirements of 

### this Article no sooner

### than October 

### 1,2008. Article 

### 5

# - Nonattainment Area Rules; Stabilization for Residential Parking and Drives $45-150. StabilizationforResidentialParking 

### and Drives; Applicability 

### A. GeographicApplicability. The "affectedarea" under this rule includesthe Pinal-County-portion of the Phoznix Planning Area Serious 

### PMlo nonattainment 

### Area, identified 

### as Township 1 North, Range 8 East, Gila & Salt River Base and Meridian. 

### B. Affected ParceIs; Residential Property. Property subject

### to this rule:1. Includes any single deeded or platted parcel having built thereon a residentialbuilding or buildings 

### with four or fewerresidential 

### units; 2. Excludes any publicly owned right-of-way legally established and acMy maintained fortravel by the public; 3. Excludes anyright-of-way legally established to provide vehicular access to public utilities; and 4. Excludes earthmoving activity at a site, or 

### that portion of a site, coveredby mitigation requirements under dust registration issued by the Pinal County Control Officer. C. Affected Surfacesat a ResidentialProperty. 1. Affected surfaces include any areas in excess of 3,000 square feet utilized on a regular basis for parking, maneuvering or ingress and egress of on- or off-road vehicles. 2. Undisturbed surfaces 

### are not 

### affected surfaces, but only 

### ifthose undisturbed surfaces are fenced or otherwise clearly distinguished from affected surfaces. Delineated long-term storage stalls, where a vehicle, trailer or other item is stored and not normally removed and replaced more 

### than once 

### in a sixty-day period shall alsobe consideredundisturbed surfaces. 84-5-160. Control Requirement 

### A. On and 

### after the effective 

### date, the owner andlor operator of any residertial property shall 

### install and maintainpaving 

### or a stabilization method for 

### all affected surfaces. For purposes of this rule, "owner or operatornmeans any person who owns, leases, operates, controls, or supervisesan a5ected

### area. 

### B. For purposes of this rule, a stabilktion method shall consist of one of the following, implemented in a manner that meets the maintenance standard of 

### this rule: 

### 1. Paving 

### with asphaltic concrete; 2. Paving with Portland cementbased concrete; 

### 3. Surfacing

### with a penetrating asphalt and a gravel surface, commonly 

### known as chip sealing; 4. Surfacing with and uniformly maintaining a two-inch deep layer of rock having a nominal size of 114" or larger; 5. Surfacing

### with a two-inch deep layer ofrecycled asphalt; 

### 6. Watering 

### with sdiicientfrequency so asto maintain a crustonthe surface;

### 7. Surfacingwith any 

### other surfacetreatmentthat has 

### been approved 

### in writing by the Pinal 

### County Control Officer; or 8. 

### Initially, and at such othertimes as

### may be requested by the Control Officer, demonstrating to the 

### satisfaction of the Pinal 

### County Control OBicer on a form 

### as requited by the Control Officer, that the average threshold friction velocity of the 

### native soil dace,corrected for non-erodible elements, is at 

### least 100cm/second. Threshold friction velocity shall

### be assessed 

### in accord with 

### 54-9-300. C. 

### Maintenance Surface stabilization shall 

### be maintained in a 

### manner that 

### prevents visible track-out in excess often feet in length. 84-5-170. 

### Deferredenforcement date The Control Officer shall commence enforcement of the requirements of 

### this Article no soonerthan 

### October 1,2009, Article 6

# - Restrictions on 

### Vehicle Parking 

### andUse on Vacant

### Lots &f-6-200. 

### Unpaved 

### andUnstabilizedVacant 

### Lots; Restriction

### on Vehicle 

### Parking and Use; Applicability A. Geographic Applicability. 1. 

### The "affected area" under 

### this rule includes the 

### PMlo-non-attainment-area portion ofthe Pinal-County-portion of

### Area A 

### as defined 

### at A.RS. 549-541, including: Tomhip 

### 1north,range 8 east 

### The "affected area" under this rule also includes the I'Mlo-attainment-area portion of the Pinal-County-portionof

### Area A 

### as defined 

### atA.R.S. 549-54 1, 

### including: Township 

### 1north,range 8 east 

### Township 1north, range 

### 9 east Township 1 south,range 8 

### east Township 

### 1south,range 

### 9 

### east Township2 

### south, range 8 

### east Township2 south,range 

### 9 

### east Township 3 

### south, range 7 

### east Township 3 south, range 8 

### east Township 3 

### south,range 9 east B. 

### Affected Parcels; VacantLots. Property subject to this rule 

### includes any unpaved or unstabilized 

### vacant lot. For purposes of this 

### rule, a vacant lot constitutesa parcel that is not occupied by a structure properly permitted under the prevailing building code. For purposes of 

### tbis rule, astabilized surface constitutes a surface that does not produce visible trackout when a vehicle leaves the lot, and 

### shall consist of one ofthe following: 1. Paving 

### with asphalticconcrete; 2 Paving with Portlandcementbased concrete; 3. Sutfacing with a penetrating asphalt and a gravel surface, commonly known as chip sealing; 4. Surfacing with and uniformly maintaining a two-inch deep layer of rock having a nominal size of 114" or larger; 5. Surfacing with a two-inch deep layer ofrecycled asphalt; 

### 6. Watering with sufficientfrequency so asto maintain a crust on the surl$ce; 

### 7. Surfacing with any other surface treatment that 

### has been approved by the 

### Pinal County Control Officer; or 8. Initially, and at such other times as may be requested by the Control Officer, demonstrating to the satisfaction of the 

### Pinal County Control Officer on a form as required by the Control Officer and pursuant to a test method approved by the Control Officer, 

### that the average threshold fiction velocity of the native soil surface, corrected for non-erodible elements, is at least 100 cmlsecond. Threshold fictionvelocity shallbe assessed 

### in accord with 94- 9-300. 

### w6-210. Control

### Requirement 1. A property owner or operator shall ~estrict vehicle parking and use on an unstabilized vacant lot. For purposes of this rule, "owner or operator" means any person who owns, leases, operates, controls, or supervises an affected area. 2. No person shall park any motor vehicle on any vacant unstabilized lot without the permission of the owner or operator. The vehicle operator and all persons in whose names the vehicle 

### is registered shall be jointly and severally prima facieresponsiblefor any violation ofthis prohibition 3. The requirements under this rule shall not apply to an owner, operator, or anyone using or parking a vehicle 

### with the permission of the owner or operator. Under 

### this subsection, a lessee or an anent of the owner is an overator. Permission under this subpammaph includes access privileges expresslv granted 

### bv statute. rule. ordinance or regulation of a federal or state agency or political subdivision, as well as access privileges mtedas 

### an attribute ofany license issued by anv such governmentalbody.


### Article 7

# - Reserved

### Article 8

# - NonattainmentArea 

### Rules; Requirementfor Stabilization ofDisturbed Areas 

### atVacantLots §4-8-260. 

### StabiIizationof Disturbed Areas atVacant Lots; Applicability A. Geographic Applicability. The "affected area" underthis rule includes the Pinal-Counly-portionofthePhoenix Planning Area Serious PMlononattainment 

### Area, identified 

### as Township 

### 1North, Range 8

### East, Gila & 

### SaltRiver Base and Meridian. B. 

### Affected Parcels; Vacant Lots. 1. For purposes of this rule, "vacant lot" means a parcel of land on which 

### there are 

### no approved or permitted 

### permanent or temporary buildings or structures. 

### 2. For purposes of this 

### rule, where 

### an owner holds a non-vacant lot, "vacant lot" does not include a contiguous parcel or parcels adjoining that 

### wnvacant lot, but the exemption applies only if the parcels 

### are subject 

### to common legal or equitable ownership and the parcels are 

### used 

### in fact as a single lot 

### 3. For purposes of this rule, a "vacant lot" does not include the site of a disturbed surface area

### that is subjectto control of dust generating operations pursuant to 

### a dust registration issued by the 

### Control Officer pursuant to Chapter4, Article 3 

### of these rules. 4. 

### For purposes of this rule, a "vacant lot" does not include the site of a disturbed surface area 

### that is nibject to 

### an industrial permit issued by the Control 

### Officerpursuantto Chapter 

### 3 oftheserules. C. AffectedAreas 

### Within

### Vacant 

### Lots; Disturbed Surfaces 1. For purposes of this rule, "disturbed surfacen

### means a portion of the earth's sdceor material placed on the earth's surface that has been physically moved, uncovered, destabilized or otherwisemodified fiom its undisturbed native condition 

### if the potential for the emission of fugitive dust is meaningfullyincreasedby the movement, destabilizationor modification. 2. 

### For purposes ofthis 

### rule, "disturbed surface"does not include:

s. Any 

### area that is subject tc a contro! of dust generating operations pursuant to dust registration issued by the Control Officer pursuant to 

### Chapter4, Article 3 

### oftheserules. b. 

### Any area that is 

### disturbed as a 

### result of normal farm cultural practice.c. Any 

### area while the activity causing the disturbance is still proceeding. 54-8-270. Stabilization Notice; Right of 

### Entry; Recoupment of Costs; Right to Appeal A. 

### Lfthe Control Officer

### finds that an unpaved disturbed surface at a vacant lot subject to this Article requires stabilization, the Control Officer may provide a written notice to the owner or the owner's agent that the unpaved disturbed surface is required to be stabilized. 

### B. The notice shall: 1. Be givennot less 

### thanthirty days beforethe date set forcompliance; 2. Recite the factual basis forthe notice; 3. Include a legal descriptionofthe property; 4. Inform the owner that ifhe does not 

### stabilizethe lot prior to the compliance date, the county will have authorityto enter the lot to stabilize the disturbed surfaceatthe expense ofthe owner, 5. Include the proposed method of stabilization and the estimated cost 

### to the county forthe stabilizationifthe owner doesnot comply; 6. Inform the owner that the notice constitutes aq. appealable agency action, and that the owner 

### has a right of administrative appeal pursuant to A.RS. 549-471.15. C. The notice shall be either personally served or mailed by certified mail to the owner's statutory agent, to the owner at the owner's last known address or to the address to which the tax bill for the property was last mailed. For purposes of establishing a compliance 

### date and triggering 

### an appeal period, 

### mailed notice 

### shall be effectiveupon mailing. 

### D. If the owner fails 

### to either stabiie the distubed area or.ameal the notice, the County shall have authority to enter the lot, effect stabilization, and recover the costsup to the amount 

### of

### thk estimateprovidedto the owner. 84-8-280. Deferred enforcementdate The Control Officer shall commence enforcement of the requirements of this Article no soonerthan October 1,2008.

### Article 9

# - Test Methods 84-9-300. 

### TestMethod; Threshold Friction Velocity A. Threshold fiiction velocity 

### (TFV") constitutes a measure of surface.erodability. Assessment of W under this rule shall utilize a field-sieving procedure 

### and a mathematical adjustment based on a quantitative assessment of non-erodible geologic elements that may be present. 

### B. Step 1. Obtain and stack a set of sieveswith the followingopenings: 1. 4 millimeters 

### (mm); Tyler SieveNo. 

### 5; ASTM 11 Sieve No. 5. 2. 2 mm; 

### Tyler SieveNo. 9; 

### ASTM 1 1 SieveNo. 10. 3. 1mm; 

### Tyler SieveNo. 16; ASTM 1 1 SieveNo. 18. 

### 4. 

### 0.5mm;TylerSieveN0.32;ASTMllSieveNo.35. 5. 0.25 mm; 

### Tyler Sieve No. 60; ASTM 1

### 1SieveNo. 60. 6. A collectorpan. 7. A cover. 

### C. Step 

### 2. Stack the sieves and pan in size-order, 

### with the largest openings 

### at the top and 

### the pan at 

### the bottom. Collect a sample of loose surf' 

### material 

### from an 

### area at least 30 centimeters (cm) by 30 

### cm to a depth of approximately 

### 1 cm using 

### a brush and dustpan or other similar device. Only collect 

### soil samples 

### from dry &es (i.e. when the surface is not damp to the touch). Remove any 

### rocks larger than 

### 1cm in 

### diameter from the sample. Carefiillypour the ample 

### intothe top sieve 

### (4 mm opening), minimizing

### escape ofparticles from the sample. Coverthe siwestackwththe lid. 

### D. Step 3. Manually swing the sieve-stack in a broad, circularpattan in 

### a horizontal plane. Move the sieve-stack at a 

### speed 

### just necessary to audibly veri@ some relative horizontal motion of the sample within 

### the sieve-stack. Complete 

### twenty circular sweeps, ten clockwise and ten counter-clockwise. Remove the lid and

### unstack the sieves 

### in decreasing size-order. As each sieve is removed, examinethe screen for loose particles. 

### If loose particles have not been 

### siftedtothe finest sieve through which they 

### can pass, reassemble the sieve-stack and cover and rotate the stack through an additionalten sweeps, five clockwise and five counter-clochise. 

### After disassembling the sieve-stack, slightly 

### tilt and gently tap 

### each sieve and the collector pan 

### so that the 

### material collects along one side. 

### In so doing, escape of particles

### into the air. 

### E. Step 5. Line up the sieves and the pan and visually inspect the collected materialto assess the relative volumes of

### material in 

### each. 

### Ifvisual iDspectionis not sufiicient to distinguish the relative volumes, pour the respective contents into a graduated cylinderto precisely measure the volume ineach sieve andpan. 

### F. Step 6. Identify the sieve or pan 

### with the greatest volumemc catch, and dehe

### an initial 

### W according to the following correlation: 4 mm 

### sieve 

## - 135 cdsec.; 2 ~llm 

### sieve

### - 100cdsec.; 

### 1 mm 

### sieve

### - 76 dsec.; 0.5 

### mm sieve

## - 58 cdsec.; 0.25 mm 

### sieve

## - 43 

### dsec.; collectorpan 

## - 30 cmlsec.G. Step 7. Qww an average 

### TFV for the affected area Repeat steps 1 through 6 for two other respresentative sites within the affected area, and arithmetically averagethe three 

### TFV values to define an average initial TFV. 

### H. Step 8. Adjust the TFV to correct for non-erodible elements. Non-erodible elements are distinct elementsin the randomportion ofthe overall conditions of fie affected area that are larger than 1 

### cm in diameter, remain My 

### in place during a wind episode, and inhibit soil lossby consumingpart ofthe shear stress ofthe 

### wind Non-erodible elements include stones and bulk surface material but do not include flat or standing vegetation. 

### I. Step 

### 9. Select and 

### mark off a 1 meter by 

### 1 meter survey area that represents the general rock distribution on the surface. For these purposes, non-erodible, nonvegetative matter qaes as "rock." Without moving any of the surfacematerial, visually assess the surface 

### to determine whether rocks larger 

### than 1 cm (318 inch) arepresent. 

### Jfthe rocks are ofrelatively consistent dimension, countthe number of rocks inthe survey area. 

### If the size of the rocks 

### differs substantially, dekesmall, medium and large size categories and countthe number ofrocks in each category. J. Step 10. Remove one or two representative rocks from each size category (if necessary), and measure the length and width of each. Calculate 

### an area for each sizecategory (if necessary) based on the measured length and width. 

### K. Step 11. Calculate 

### an aggregate area for each size category (ifnecessary), based on the number of rocks and 

### measured representative individual rock-area. 

### If multiple sizecategories were dehed, total the aggregate areas forthe categories. Divide the calculated aggregate 

### area by two, and then divide that product by the area of the original sample areato calculate a %-coverage; For example, 

### within a 1-meter (100 

### cm) square sample area, 250 rocks 

### with a 1 

### cm 

### x 1.5 

### cm lengthlwidthproduces a coverage of250 

### x 1x 1.5 I2l(100 

### x 100)= 1.88% coverage. 

### L. 

### Step 12. 

### Quantify an average coveragefor non-erodible -elements withinthe overall affected area. Repeat steps 8 through 11 fortwo other sites within the aEected arza, and arithmetically average the three coverage values to define an average nonerodible area coverage. 

### M. Step 

### 13. Based on the calculated average coverage by non-erodible elements, select a TFV correction factor according 

### to the following correlation: non-erodible element coverage 

### > 10%

## - correction factor =5; non-erodible element coverage < 10%but 

### > 5% 

## - correction factor = 

### 3; non-erodible element coverage <5% but 

### > 1%

### - correctionfactor =2; non-erodible element coverage < 1%

## - correction factor

= 1. N. Step 14. Using the initial average TFV value from Step 7, multiply by the TFV correction factor fiom Step 13to caicuiate arepresentative 

### TFV'fut the site.

### IN WITNESS WHEREOF, the undersigned, 

### in accord 

### with the 

### vote of the 

### Pinal County Board of 

### Supervisors as duly reflected 

### in the minutes of the Board meeting have xecuted 

### this doc ent on behalf ofthe Board of Supervisors on this 

### ' !&day 

### of-zr 

### ,2008, 

### PINAL CO e State 

### of Arizona,

Boardyf Supdk& 

### APPROVED AS TO FORM: 

### James 

### P. Walsh 

### P& County Attorney A i 

### By:

### When recorded return to: Clerk of the Board Pinal County P.O. Box 827 Florence, Arizona 85232 OFFICIAL RECORDS OF PlNAL COUNP( RECORDER LAURA DEAN-LMLE

DATE/TIME: 01/08/00 1034 FEE : $0.00 PAGES : 4 FEE NUMBER: 2008-001863

PINAL COUNTY BOARD 

### OF SUPERVISORS' RESOLUTION NO. 

### -121207-AQ~

A RESOLUTION OF THE BOARD OF SUPERVISORS OF PINAL COUNTY, COMMITTINGTO TAKE CERTAINACTIONSWITH RESPECTTO CONTROLLINGPMlO POLLUTION IN TOWNSHIP 1 NORTH, RANGE 8 EAST, GILA AND SALTRIVER BASE AND MERIDIAN. WHEREAS, the Pinal County Board of Supervisors ("Board") is empowered under A.R.S. 849-479 to adopt rules for the purpose of controlling the release of air contaminants throughout the County, including Township 1 

### North, Range 8 East; WHEREAS, within therespectiveunincorporated and incorporated portions ofTownship 1 North, Range 8 East, the Board shares with the City of Apache Junction the obligation to manage the network of paved and unpaved roads; WHEREAS, 40 CFR $81.303 identifies that portion of Pinal County designated as Township 1 North, Range 8 East, and commonly known as 

### Apache Junction, as a portion of the Phoenix Planning Area Serious PM,, Nonattainment Area; WHEREAS, consistent with the approved serious area plan for the Phoenix Planning Area Serious PM,, Nonattainment Area, 67 

### Fed. Reg. 48,718 (July 25, 2002), and the most recent inventory forApache Junction, unpaved roads are a significant source in Apache Junction. WHEREAS, at 72 Fed. Reg. 13723 (March 23, 2007) the EPA found that the Phoenix Planiig Area, hchdhg Tn 

### Lvbaship 1 N~rth, 

### Page 8 Est, has 

### fzilec! tn attain [he 

### P-M:, standard, and 

### that finding triggered an obligation to submit by December 31, 2007 a "5%SIP" pursuant to Clean Air Act §189(d);Mar 10 09 04:03p Colleen McKaughan

TEEiWORE, for the purposes ok

0 Comditiq lor pupses of the Phoealx Planning 

### mrn serious nonalt' tareanS%SPbtbedefinitionandcnl~td~l meamm to &e reductions frum d@fhd PMM mnms in Towdp1 nortb, Range 8 east; *e Phd Coon@Board d SuprrrIsors rrsolves to und4e and perform 4 of the roIlowingme4wrcs
1. CO- #l 

## - Sh ~mpavddirt rods qualify as r sig&ba source of PM, cmisiom, the Board commits m be feu-
measure:

McaarreDa: The Couniy auraflymlinrainrmadwaysin lppn ' rly nine squaremilesofthe northam .rdcartanpodom ofTowuship 1mrrhRange 8 

### &. Wi the cxcepion of =vend busbws adjoining StaPc Route 88. Ibe emhe rre~ t almost achivdy residaid. BLM hods lie to the north, and NationalForestlirstotbeast. Modsection-Jinctoadsonrbcnorthmd~~ segmeotedandprovide onlyncigbborbood n. Almostd intend dmIinc rods arc d paved. Wi collector &c& have PlmaPt all been Mbilized with 'Prphalt rock dustpdliafive.' whichcansbtt of r double &I@ d typically applied over n bailtup bast. For thc mmhhg unpaved mads m the area. the coumywill~and~traffickodson.uuristingdiaroadtoncitha~ dedicacdright-of-way orr cw-managedeasancntofrccwd. TheCountywill pave or chip seal all u~rmty-owned roadstbPt have nn indicatndtraffic loadiag of more tban 150 vehicks per day.Ordinance No. 121207-AQ1 

### PINAL COUNTY NO BURN ORDINANCE

### FOR AREA 

### A

1. Title. This Ordinance shall be known as the "Pinal County Area A No Bum Ordinance." 2. Repeal Predecessor Ordinance No. 122000-AQC (December 20, 2000) is hereby repealed. 3. Geographic Applicability This prohibitions under this ordinance apply to the "affected area," namely the PinalCounty-portion of Area A as defined at A.R.S. 549-54.1, which includes the following areas, defined relative to the Gila & Salt River Base and Meridian: Township 1 north, Range 8 east

/- Township 1north, Range 9 east

, '

-- Township 1 south, Range 8 east Township 1 south, Range 9 east Township 2 south, Range 8 east Township 2 south, Range 9 east Township 3 south, Range 7 east Township 3 south, Range 8 east Township 3 south, Range 9 east 4. Triggering and Duration of Prohibition The "no burn" restrictions and prohibitions under this ordinance shall arise by operation of law for any calendar day or days covered by a High Pollution Advisory declared by Arizona Department of Enviro~lental Quality for the Phoenix urban area for either carbon monoxide or particulate matter. 5. Prohibition 

### - Indoor Residential Wood Combustion

a. Subject to the exceptions defined in subsection b. below, a "no bum" restriction shall arise inthe affected area with respect to use of indoor residential wood stoves or fireplaces.

,. b. The restriction under this subsection shall not apply to solid fuel combustion inllar 10 09 04:03p Colleen llcK8ugh.n

any of the following: I. A rcsidaztial wood stove or fireplacethat provider me sole or primary somce of heat or fOCl for -king for a residcum 

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2. A stove or firepbc thatmc& perfoxm~~~ for new residential woodbeateEI~dcmoraftaJuly 1,1990orsddairerailonclcIftn~uly 1. 1992s~ prrscribea by 40 C.F.R. Put 60, Subpatt MA. 3. A stove or fireplace that burns gasm fuels. 

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4. A st~ve aa fireplace thzt confmm to rules adopted by thc Bd of Supmkm fcrr bmningwood in approvedIppianm.

I. A waming for the violation 

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2. The imposition of a civil penalty of QoLlan ($50.00) for the d

. . violation. I. I

-. 3. The imposiucmofa civ2 penalty ofone bandred dohs ($100.00) for a third violpion.
4. TheimpositionofacivilpaAty oftwohundredandfiftydohs($250.00) for a fornrh kany subsequent violation. d For Gohtio~16 of mis mbsxzdm of this ordinance, the mmtrol officer or his reprewntarive dulluse auni.fonn civil dcket and camplaintsubseantially rimitP to aunifonncd tnf~% ti& and mmpkirdprcsmiiby thcxnks ofprocedure in civil trafficcases adoptalby the Suprcmc Court. IbeControl Offaceror bis reprrseatativemay issue ciiafiom to pessans in violation of this ordinance.

a. Exibgopen banr permits shall be s~~pcnded, a 'no bum"restrictionwahtn the aff- arra shall be imposed with nsptd to open burning regdated by sn opm burning permit ksutd puma! to mt Pinal county Code of Rcgulatio~~. b. No pason affd by nu21a 'no burn" rrstrictian sldlbc entitled to a refd of any monies paid for an apea burning permit thatmay be sqmdcd by virmc of imposition 

## i,,- of such a "no bum" restriction.

c. Violation of this subsection shall constitute both a civil and a criminal offense, and shall subject to the violator to civil or criminal prosecution as set forth in Arizona Revised Statutes Title 49, Chapter 3, Article 3 (A.R.S. 549-5 10, et seq). 7. Prohibition 

### - Limitations on Otherwise Exempt Outdoor 

### Fires

a. Notwithstanding any other exemptions under this ordinance, a "no burn" restriction shall also apply within the affected area with respect to any outdoor solid fuel combustion in chimneas, fire pits and similar outdoor fires. b. Violation of this subsection shall constitute a civil offense, and a person who violates the prohibition of this subsection may be served 

### a notice of violation and be subject to the enforcement provisions of Arizona Revised Statutes Title 49, Chapter 3, Article 3 (A.R.S. 549-510, et seq.), except that a violation that lasts no more than twenty-four hours and that is the first violation committed by that person is subject to a civil penalty of no more than five hundred dollars.

a. "ControlOfficer" as used in this ordinance, means the director and executive head ,*-

I I of the Pinal County Air Quality Control District responsible forperforming duties and exercising



### - powers prescribed by law. b. "Fireplace" as used in this ordinance, means a built in place hearth and fire chamber or a factory-built appliance designed to bum solid fuel and which is intended for domestic use.

c. "Inappropriate fuel" 

### as used in this ordinance, includes but is not limited to leaves, grass clippings, green plants, refuse, rubbish, books, magazines, fiberboard, packaging, rags, fabrics, animal waste, 

### animal carcasses, coal, waste oil, liquid or gelatinous hydrocarbons, tar, asphaltic products, waste petroleum products, paints and solvents, chemically soaked wood, wood with a moisture content of greater than 30 percent (30%), treated wood, plastic or plastic products, rubber or rubber products, office records, sensitive or classified wastes, or any substance which normally emits dense smoke or obnoxious odors. d. "Open outdoor fire" means combustion of any combustible material of any type outdoors, in the open where the products of combustion are not directed through a flue. "Flue" means any aucr or passage for air, gases or the iike, such as a stack or chimney.

e. "Solid fuel" includes but is not limited to wood, coal, or other nongaseous or nonliquid fuels, including those fuels determined by the Pinal County Air Quality Control Director as "inappropriate fuel" to burn in residential woodburning devices. 

### -Nar 10 03 O4:OSp Colleen RcKaughan



## - f. 'Woodarnve' muns a d-fuel burning bcatiag tpplianct including a peUd stove, which Q citbP fntstanding or designed to be insated into a fireplace.

Actions that violatethia ordimme shall be naalum pmbibhm, md a lack of kmwlcdgc that a 'no burn' -on has b&n impad shall xxn conso'tute a defense. 10. Effcrtnc Date In lccord with AR.S. w9-471.08@), this odhmce shall be effstive on tk d* of aagtioe INWI~~F.tbenndersi~inpccardwithtbtv~Oftbc~ carnary ~ardof~~~ynflcdedinthe~oftbc~ meeting, have ereclrted this docMlcntonbebalfofthcEkdofSupavisorsonthis~~ day of^& ,2007.

By;

Am. Clerk of the Board of Supembars APPROVED AS TO FORM:When recorded return to: Clerk ofthe Board Pinal County P.O. Box 827 Florence, Arizona 85232 DATE/TIME: 05/16/08 1134 FEE : $0.00 PAGES : 4 FEE NOMBER: 2008-046717

ORDINANCE

### NO.051408-AQ1 AN ORDINANCEAPPLICABLE THROUGHOUTINCORPORATEDAND WCORPORATED PORTIONS OF PINAL COUNTY LYING 

### WITHIN AREA A AS DEFINED IN A.RS. 549-541, RESTRICTING 

### THEUSE OF LEAF BLOWERS. WHEREAS, the 2007 kna Legislature adopted Laws 2007, Chapter 292, commonly known as Senate

### Bill 1552,and Section

### 5ofthat 

### Bill mandated adoption of revised county ordinances more stringently regulating the use of

### leafblowers 

### in incorporated and unincorporated 

### areas ofPinal County lying within Area A as defined 

### in A.R.S. 949-541; WHEREAS, A.RS. 91 1-25 1.05 establishes the proceduralrequisites for the Board's adoption of ordinances, and, in. context, those requisites have been met;THEREFORE, for the purposes of

1. Protectingand preservingthe quality of air within Pinal County in a sensible and orderlymanner; 2. Committing forpurposes of the Phoenix PlanningArea PMlo serious nonattainment area "5% SIP" to the definitionand enforcement ofcontrol measures to achieve reductions fromPMIO sourcesin Township 1north, Range 8 east; and 3. Responding to the statutory mandates of Senate Bill 1552;

BE 

### IT ORDAINED by the Board of Supervisors ofPinal Coum,Arizona, as follows: (Remainder of page intentionallyleft blank.)OrdinanceNo. 051408-AQ1

PIN& COUNTY LEAF BLOWER ORDINANCE FOR AREA A 1. Title. Pursuant to the mandate of A.R.S. $1 1-877, this Ordinance shall be known as the "Pinal County 

### LeafBlower Ordinance for AreaA." 2. Applicability A. Geographic Applicability. Subjectto any additional applicabilitylimitations set forth below, the prohibitions under this ordinance apply to incorporated and unincorporated regions within the Pinal-County-portion of 

### Area A as deiined at A.RS. $49-541(2007). 

### B. Exemption for Permitted Sources. This ordinance shall not apply to any site, persons and activitiescovered by a permit or registration issued by the Pinal County Control Officer pertaining to the control of fugitive dust from earthmoving or other dust generatingoperations 3. Prohibition on Blowing Materialinto Roadways. 

### In the unincorporated portions of Pinal-County-portion of 

### Area A, no person shall cause, suffer or allow the use of a leafblower to blow material into public roadways at any time. 4. Prohibition on Using LeafBlowers on Un-stabilized Surfaces. No person shall cause, deror allow the operation of a leaf blower except on surfaces that have been stabilized with asphaltic concrete, cement concrete, hardscape, penetration treatment of bituminous material and seal coat of bituminous binder and a mineral aggregate, decomposed granite cover, crushed granite cover, aggregate cover, gravel cover, or grass or other continuousvegetative cover, or any combinationofthose stabilizers. 5. Effective Date The Ordinance shall take effect thirty days after adoption by the Board of Supervisors. 6. Enforcement 

# - 7. A. vioiaiion

## - Any person who violates a proXu?iuii -wider '~s Grdkzcce slid! be guilty of a violation ofthe Ordinance. B. Limitations on Defenses. Actions that violate this ordinance shall be malum prohiturn, and a lack of knowledge shall not constitute a defense. ,..(,~!y~.l

. I].: -. ., ,tf~i~~ !l<;~:..~;-.~~~~. >S,j,b$ j<v:-,<il~.!ij<:c 1.): ~!j~i-,~~.i,.)j c\j>p.C. Penalty for Violation 

## - The punishment or imprisonment for a violation of this ordinance shall not exceed the maximum limitations for a class 1 misdemeanor. 

### 7. Definitions A. "Control Officer" asused 

### in this ordinance, means the director and executive head of the Pinal County Air Quality Control District responsible for performing duties and exercisingpowers prescribed by law.

IN WITNESS WHEREOF, the undersigned, in accord with the vote of the Pinal County Board of Supervisors as duly reflected in the minutes of the Board meeting, hav executed this document on behalf of the Board of Supervisors onthis ~&dayof~fl~~ ,2008. PINAL COUNTY. a ~olitical subdivision of the State ofArizona, By: Cw the Board& Supervisors

APPROVED AS TO 

### FORM: James P. Walsh Pinal County Attorney

M ~epdy 

### County Attorney 

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